Introduction THE OAKLAND HOUSING AUTHORITY ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP)

Transcription

1 ABOUT THE ACOP Introduction THE OAKLAND HOUSING AUTHORITY ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP) Oakland Housing Authority (OHA) policy must be consistent with the public housing lease and any policy documents provided to tenants, and the lease and policy documents must comply with federal, state, and local law. The ACOP contains policies that reflect the terms of OHA s public housing lease. Policies on a particular topic may be included in the public housing lease, or may be a separate document incorporated in the lease by reference, such as a pet policy or transfer policy. REFERENCES CITED IN THE ACOP Authority for OHA policies is derived from many sources. Primary among these sources are regulations and guidance issued by U. S. Department of Housing and Urban Development (HUD). California law also directs OHA policy. State and local law must be followed where such law exists and does not conflict with federal regulations. In the absence of legal requirements or HUD guidance, property management industry practice guides OHA policy. Finally, the public housing lease will affect OHA policy and therefore must be consistent with federal and state laws and regulations. HUD HUD provides the primary source of OHA policy through federal regulations, HUD Notices and handbooks. Compliance with federal regulations, current HUD Notices and HUD handbooks is mandatory. HUD provides non-mandatory guidance to housing authorities through HUD-published guidebooks. Expired HUD Notices and handbooks also provide guidance for OHA policy. Following HUD guidance is optional, as long as OHA policies comply with federal law, federal regulations, and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, OHA reliance on HUD guidance provides OHA with a safe harbor. Content contained on the HUD website provides further clarification of HUD policies. For example, FAQs (Frequently Asked Questions) on the HUD website provide direction on the application of federal regulations to a specific pattern. Oakland Housing Authority Page Intro-i ACOP 4/14/06

2 State Law Where there is no mandatory federal guidance, OHA must comply with state law, if it exists. Where state law is more restrictive than federal law, but does not conflict with it, OHA should follow the state law. Industry Practice Where no law or HUD authority exists on a particular subject, industry practice may support OHA policy. An industry practice is a way of doing things that is followed by most housing authorities. RESOURCES CITED IN THE MODEL ACOP The model ACOP cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the model ACOP may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the ACOP, and a list of references and document locations that are referenced in the model ACOP or that may be helpful to you. Abbreviations Throughout the model ACOP, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited by the model ACOP. Abbreviation CFR Document Code of Federal Regulations HCV GB Housing Choice Voucher Program Guidebook ( G), April HUD IB HUD Instruction Booklet PH OCC GB Public Housing Occupancy Guidebook, June RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. VG PIH Notice Verification Guidance, March 9, Oakland Housing Authority Page Intro-ii ACOP 4/14/06

3 Resources and Where to Find Them Following is a list of resources helpful to OHA or referenced in the model ACOP, and the online location of each. Document and Location Code of Federal Regulations Earned Income Disregard FAQ Enterprise Income Verification (EIV) System PHA Security Procedures, Version 1.2, issued January Executive Order Federal Register General Income and Rent Determination FAQ Housing Choice Voucher Program Guidebook ( G), April HUD Guidelines for Projecting Annual Income When Upfront Income Verification (UIV) Data is Available HUD Instruction Booklet Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, published December 19, Oakland Housing Authority Page Intro-iii ACOP 4/14/06

4 OMB Circular A PIH Notice (HA), Accessibility Notice PIH Notice Verification Guidance, March 9, PIH Notice (HA), Rental Integrity Monitoring (RIM) Disallowed Costs and Sanctions Under the Rental Housing Integrity Improvement Project (RHIIP) Initiative Public Housing Occupancy Guidebook, June Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. Verification FAQ The HUD website is Guidebooks, handbooks and other HUD-published and federal resources may be found at the HUD Clips website: Oakland Housing Authority Page Intro-iv ACOP 4/14/06

5 INTRODUCTION Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN OHA receives its operating subsidy for the public housing program from the Department of Housing and Urban Development. OHA is not a federal department or agency. A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. OHA enters into an Annual Contributions Contract with HUD to administer the public housing program. OHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. This chapter contains information about OHA and its programs with emphasis on the public housing program. It also contains information about the purpose, intent and use of the plan and guide. There are three parts to this chapter: Part I: The Public Housing Agency (OHA). This part includes a description of OHA, its jurisdiction, its programs, and its mission and intent. Part II: The Public Housing Program. This part contains information about public housing operation, roles and responsibilities, and partnerships. Part III: The Admissions and Continued Occupancy (ACOP). This part discusses the purpose and organization of the plan and its revision requirements. 1-I.A. OVERVIEW PART I: OHA This part describes OHA s creation and authorization, the general structure of the organization, and the relationship between OHA Board and staff. Oakland Housing Authority Page 1-1 Draft ACOP 4/14/06

6 1-I.B. ORGANIZATION AND STRUCTURE OF OHA Public housing is funded by the federal government and administered by the Oakland Housing Authority for the jurisdiction of the City of Oakland, California. PHAs are governed by a board of officials that are generally called commissioners. Although some PHAs may use a different title for their officials, this document will hitherto refer to the board of commissioners or the board when discussing the board of governing officials. Commissioners are appointed in accordance with state housing law and generally serve in the same capacity as the directors of a corporation. The board of commissioners establishes policies under which OHA conducts business, and ensures that those policies are followed by PHA staff. The board is responsible for preserving and expanding the agency s resources and assuring the agency s continued viability and success. Formal actions of OHA are taken through written resolutions, adopted by the board, and entered into the official records of OHA. The principal staff member of OHA is the executive director (ED), who is selected and hired by the board. The ED oversees the day-to-day operations of OHA and is directly responsible for carrying out the policies established by the commissioners. The ED s duties include hiring, training, and supervising OHA s staff, as well as budgeting and financial planning for the agency. Additionally, the ED is charged with ensuring compliance with federal and state laws and program mandates. MTW Demonstration Program OHA policy may also be affected by the Authority s participation in Moving to Work (MTW), a HUD demonstration program that allows public housing authorities to design and test new policies and procedures at the local level. An MTW Agreement was executed on March 31, 2004, which defined the areas and parameters of OHA s flexibility under MTW, allowing the Authority to begin to explore innovative methods of delivering housing and supportive services to low-income residents. Changes to the ACOP developed in the MTW program must be approved by the OHA Board of Commissioners and submitted to HUD. Oakland Housing Authority Page 1-2 Draft ACOP 4/14/06

7 1-I.C. OHA MISSION The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides the basis for strategy development, identification of critical success factors, resource allocation decisions, as well as ensuring client and stakeholder satisfaction. OHA s mission is to assure the availability of quality housing for low-income persons and to promote the civic involvement and economic self-sufficiency of residents and to further the expansion of affordable housing within Oakland. Oakland Housing Authority Page 1-3 ACOP 4/14/06

8 1-I.D. OHA S COMMITMENT TO ETHICS AND SERVICE As a public service agency, OHA is committed to providing excellent service to all public housing applicants, residents, and the public. In order to provide superior service, OHA resolves to: Administer applicable federal and state laws and regulations to achieve high ratings in compliance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. Provide decent, safe, and sanitary housing in good repair in compliance with program uniform physical condition standards for very low- and low-income families. Achieve a healthy mix of incomes in its public housing developments by attracting and retaining higher income families and by working toward deconcentration of poverty goals. Encourage self-sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human services needs. Promote fair housing and the opportunity for very low- and low-income families of all races, ethnicities, national origins, religions, ethnic backgrounds, and with all types of disabilities, to participate in the public housing program and its services. Create positive public awareness and expand the level of family and community support in accomplishing OHA s mission. Attain and maintain a high level of standards and professionalism in day-to-day management of all program components. Administer an efficient, high-performing agency through continuous improvement of OHA s support systems and commitment to our employees and their development. OHA will make every effort to keep residents informed of program rules and regulations, and to advise participants of how the program rules affect them. Oakland Housing Authority Page 1-4 ACOP 4/14/06

9 PART II: THE PUBLIC HOUSING PROGRAM 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM The intent of this section is to provide the public and staff an overview of the history and operation of public housing. The United States Housing Act of 1937 (the Act ) is responsible for the birth of federal housing program initiatives, known as public housing. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing for low-income residents. There have been many changes to the program since its inception in The Housing Act of 1965 established the availability of federal assistance, administered through local public agencies, to provide rehabilitation grants for home repairs and rehabilitation. This Act also created the federal Department of Housing and Urban Development (HUD). The Housing Act of 1969 created an operating subsidy for the public housing program for the first time. Until that time, public housing was a self-sustaining program. In 1998, the Quality Housing and Work Responsibility Act (QHWRA) also known as the Public Housing Reform Act or Housing Act of 1998 was signed into law. Its purpose was to provide more private sector management guidelines to the public housing program and provide residents with greater choices. It also allowed PHAs more remedies to replace or revitalize severely distressed public housing developments. Highlights of the Reform Act include: the establishment of flat rents; the requirement for PHAs to develop five-year and annual plans; income targeting, a requirement that 40% of all new admissions in public housing during any given fiscal year be reserved for extremely low-income families; and resident self-sufficiency incentives. Oakland Housing Authority has the additional advantage of participating in HUD s demonstration program, Moving to Work (MTW). MTW was authorized under the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law , 110 Stat 1321) to offer PHAs the opportunity to develop and test innovative, locally-designed housing and self-sufficiency strategies for low-income families. It does so by allowing exemptions from existing public housing and tenant-based Housing Choice Voucher rules and permitting PHAs to combine operating, capital, and tenant-based assistance funds into a single agency-wide funding source. The purposes of the MTW program are to give PHAs and HUD the flexibility to find new ways to: reduce cost and achieve greater costs effectiveness for the Authority; promote self-sufficiency among tenants and clients; and increase housing choices for low-income families. Oakland Housing Authority Page 1-5 ACOP 4/14/06

10 1-II.B. PUBLIC HOUSING PROGRAM BASICS HUD writes and publishes regulations in order to implement public housing laws enacted by Congress. HUD contracts with OHA to administer programs in accordance with HUD regulations and provides an operating subsidy to OHA. OHA must create written policies that are consistent with HUD regulations. Among these policies is OHA s Admissions and Continued Occupancy Policy (ACOP). The ACOP must be approved by the board of commissioners of OHA. The job of OHA pursuant to HUD regulations is to provide decent, safe, and sanitary housing, in good repair, to low-income families at an affordable rent. OHA screens applicants for public housing and, if they are found eligible and accepted, OHA offers the applicant a unit. If the applicant accepts the offer, OHA will enter into a contract with the applicant known as the lease. At this point, the applicant becomes a tenant of the public housing program. In the context of the public housing program, a tenant is defined as the adult person(s) (other than a live-in aide who (1) executed the lease with OHA as lessee of the dwelling unit, or, if no such person now resides in the unit, (2) who resides in the unit, and who is the remaining head of household of the tenant family residing in the dwelling unit. [24 CFR ]. The Public Housing Occupancy Guidebook refers to tenants as residents. The terms tenant and resident are used interchangeably in this policy. Additionally, this policy uses the term family or families for residents or applicants, depending on context. Since OHA is in partnership with mixed-financed developments and manages public housing development, OHA s roll is that of owner and landlord.. OHA and its partners must comply with all of the legal and management responsibilities of a landlord in addition to administering the program in accordance with HUD regulations and PHA policy. 1-II.C. PUBLIC HOUSING PARTNERSHIPS Relationships between the important parties are defined by federal regulations and by contract. To administer the public housing program, OHA enters into a contractual relationship with HUD through the Annual Contribution Contract, ACC. OHA also enters into a contractual relationship with the tenant through the public housing lease. These contracts outline the roles and responsibilities of each party. Federal regulations further identify the important roles of the parties involved. For the program to work and be successful, all parties involved HUD, OHA, and the tenant must play their important parts. The chart on the following page illustrates key aspects of these relationships. Oakland Housing Authority Page 1-6 ACOP 4/14/06

11 The Public Housing Relationships Congress Legislates & Appropriates Funding HUD Provides Funding & Publishes Regulations Program Regulations and ACC Provide Operating Subsidy PHA Administers & Operates Programs Lease specifies PHA and Family Obligations Family Receives Family Services & Meets Obligations Oakland Housing Authority Page 1-7 Draft ACOP 4/14/06

12 What does HUD do? Federal law is the source of HUD responsibilities. HUD has the following major responsibilities: Develop regulations, requirements, handbooks, notices and other guidance to implement housing legislation passed by Congress Allocate operating subsidies to PHAs Allocate capital funding to PHAs Provide technical assistance to PHAs on interpreting and applying program requirements Monitor PHA compliance with program requirements and PHA performance in program administration. What does OHA do? OHA s responsibilities originate in federal regulations and the ACC. OHA owns and manages public housing developments, administers the program under contract with HUD, and has the following major responsibilities: Establish local policies Review applications from interested applicant families to determine whether applicants are eligible for the program Maintain waiting list and select families for admission Screen families who apply for tenancy, to determine if they will be good renters Offer units to families (minimize vacancies without overcrowding) Maintain properties to the standard of decent, safe, sanitary, and in good repair (including assuring compliance with uniform physical conditions standards) Use adequate financial resources to maintain its housing stock Ensure that families continue to qualify under the program Collect rent due from the assisted family and comply with and enforce provisions of the lease Ensure that families comply with program rules Provide families with prompt and professional service Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the Annual Contributions Contract, HUD-approved applications for funding, OHA s ACOP, and other applicable federal, state and local laws. Oakland Housing Authority Page 1-8 ACOP 4/14/06

13 What does the Tenant do? The tenant s responsibilities are articulated in the public housing lease. The tenant has the following broad responsibilities: Comply with the terms of the lease and house rules. Provide OHA with complete and accurate information, determined by OHA to be necessary for administration of the program Cooperate in attending all appointments scheduled by OHA Allow OHA to inspect the unit at reasonable times and after reasonable notice Take responsibility for care of the housing unit, including any damages caused by the family, guest or person(s) under the control of the family Not engage in drug-related or violent criminal activity Notify OHA before moving or terminating the lease Use the assisted unit only for residence and as the sole residence of the family; not sublet the unit or assign the lease Promptly notify OHA of any changes in family composition Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs If all parties fulfill their obligations in a professional and timely manner, the program responsibilities will be fulfilled effectively. Oakland Housing Authority Page 1-9 ACOP 4/14/06

14 1-II.D. APPLICABLE REGULATIONS Applicable regulations include: 24 CFR Part 5: General Program Requirements 24 CFR Part 8: Nondiscrimination 24 CFR Part 902: Public Housing Assessment System 24 CFR Part 903: Public Housing Agency Plans 24 CFR Part 945: Designated Housing 24 CFR Part 960: Admission and Occupancy Policies 24 CFR Part 965: PHA-Owned or Leased Projects General Provisions 24 CFR Part 966: Lease and Grievance Procedures Oakland Housing Authority Page 1-10 ACOP 4/14/06

15 PART III: THE ADMISSIONS AND CONTINUED OCCUPANCY POLICIES 1-III.A. OVERVIEW AND PURPOSE OF THE POLICY The ACOP is OHA s written statement of policies used to carry out the housing program in accordance with federal laws and regulations, HUD requirements, and the Authority s Moving to Work agreement with HUD dated March 31, The ACOP is required by HUD and it must be available for public review [CFR 24 Part 903]. The ACOP also contains policies that support the objectives contained in OHA s Agency Plan. All issues related to public housing not addressed in this ACOP are governed by federal regulations, HUD handbooks and guidebooks, notices, and applicable state and local laws. The policies in this ACOP have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding. OHA is responsible for complying with all HUD regulations pertaining to public housing unless exempted by the MTW agreement or policies adopted pursuant to this agreement. If such changes conflict with this plan, HUD regulations will have precedence. 1-III.B. CONTENTS OF THE POLICY HUD regulations contain requirements of inclusion in OHA s written policy. This ACOP covers OHA policies on these subjects: The organization of the waiting list and how families are selected and offered available units, including any OHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the OHA waiting list (Chapters 4 and 5) Transfer policies and the circumstances under which a transfer would take precedence over an admission (Chapter 12) Standards for determining eligibility, suitability for tenancy, and the size and type of the unit needed (Chapters 3 and 5) Procedures for verifying the information the family has provided (Chapter 7) The method for achieving deconcentration of poverty and income-mixing of public housing developments (Chapter 4) Grievance procedures (Chapter 14) Policies concerning payment by a family to OHA of amounts the family owes OHA (Chapter 15 and 16) Interim redeterminations of family income and composition (Chapter 9) Policies regarding community service requirements (Chapter 11) Polices and rules about safety and ownership of pets in public housing (Chapter 10) Oakland Housing Authority Page 1-11 ACOP 4/14/06

16 New Approach to Policy Development HUD has developed an approach to monitoring policy that emphasizes the importance of consistency. The ACOP supports that goal by clearly defining OHA policy for OHA management and staff. A primary focus of programs like HUD s Rental Integrity Monitoring (RIM) program has been consistent in how PHAs conduct their business and in how HUD monitors PHA activities. HUD has made it clear that consistency in OHA conduct is important. Staff has an obligation to be familiar with and follow the ACOP to maintain consistency in applying OHA policy. Referring to and following the ACOP is essential to maintaining consistency in applying PHA policy. HUD makes a distinction between: Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff. HUD expects PHAs to develop policies and procedures that are consistent with mandatory policies and to make clear the optional policies OHA has adopted. OHA's Admissions and Continued Occupancy Policy is the document that contains and clarifies OHA policy. HUD s new direction adds additional emphasis to the need for a clearly written and comprehensive ACOP to guide staff in the clear and consistent application of policy. HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. Therefore, following HUD guidance in the preparation of PHA policy, even though it is not mandatory, provides a PHA with a safe harbor. If a PHA adopts its own optional policy, it must make its own determination that such policy is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different from that suggested by HUD, but PHAs should carefully think through those decisions and be able to articulate how their policy is consistent with federal laws, regulations and mandatory policy. 1-III.C. UPDATING AND REVISING THE POLICY OHA will revise this ACOP as needed to comply with changes in HUD regulations. The original policy and any changes must be approved by the board of commissioners of OHA, the pertinent sections included in the Agency Plan, and a copy provided to HUD. PHA Policy OHA will review and update the ACOP at least once a year, and more often if needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation. Oakland Housing Authority Page 1-12 ACOP 4/14/06

17 INTRODUCTION Chapter 2 FAIR HOUSING AND EQUAL OPPORTUNITY This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally-assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of OHA s public housing operations. This chapter describes HUD regulations and OHA policies related to these topics in three parts: Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of OHA regarding nondiscrimination. Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the public housing program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973, and incorporate guidance from the Joint Statement of the Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, Part III: Prohibition of Discrimination against Limited English Proficiency Persons. This part details the obligations of OHA to ensure meaningful access to the public housing program and its activities by persons with limited English proficiency (LEP). This part incorporates HUD s Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, published December 19, 2003 in the Federal Register ( Notice of Guidance ). Oakland Housing Authority Page 2-1 ACOP 04/14/06

18 PART I: NONDISCRIMINATION 2-I.A. OVERVIEW Federal laws require PHAs to treat all applicants and tenant families equally, providing the same quality of service regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. OHA will comply fully with all Federal, State, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including: Title VI of the Civil Rights Act of 1964 Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988) Executive Order Section 504 of the Rehabilitation Act of 1973 The Age Discrimination Act of 1975 Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern) Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff. When more than one civil rights law applies to a situation, the laws will be read and applied together. Oakland Housing Authority Page 2-2 ACOP 04/14/06

19 2-I.B. NONDISCRIMINATION The Oakland Housing Authority (OHA) fully complies with all federal, state and local nondiscrimination laws; the Americans with Disabilities Act; and the U.S. Department of Housing and Urban Development regulations governing Fair Housing and Equal Opportunity. OHA does not discriminate with respect to age, handicap, disability, race, color, creed, gender, familial status, national or ethnic origin, in the acceptance of applications, in the leasing of rental housing or related facilities (including land) or in the provision of housing assistance for any project or projects under its jurisdiction (covered by an Annual Contributions Contract under the United States Housing Act of 1937), or in the use or occupancy thereof. In accordance with Section 504 of the Rehabilitation Act of 1973, as amended, no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefit of, or be subjected to discrimination under any program or activity of OHA. OHA will take appropriate measures to ensure that the individual with disabilities shall have equal access to available services, programs, and activities offered. Such appropriate measures include, but are not limited to: 1. provision of telecommunication devices for the deaf; 2. provision of sign language interpreters, as requested; 3. provision of readers and amanuenses, as requested; 4. use of barrier-free meeting places; 5. provision of a discrimination complaint procedure. Discrimination Complaints No person shall be excluded from participation in or be denied the benefits of, or otherwise subjected to discrimination as defined by applicable laws. Accordingly, OHA will assist any family that believes they have suffered illegal discrimination by providing them copies of the appropriate housing discrimination forms. OHA will also assist families in completing the forms, if requested. The address of the nearest Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity will also be provided, as well as the California Department of Fair Employment and Housing. Oakland Housing Authority Page 2-3 ACOP 04/14/06

20 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES 2-II.A. OVERVIEW One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program. OHA must ensure that persons with disabilities have full access to the OHA s programs and services. This responsibility begins with the first inquiry of an interested family and continues through every programmatic area of the public housing program [24 CFR 8]. OHA must provide a notice to each tenant that the tenant may, at any time during the tenancy, request reasonable accommodation of a handicap of a household member, including reasonable accommodation so that the tenant can meet lease requirements or other requirements of tenancy [24 CFR 966.7(b)]. All applicants and resident families will be asked on the intake application, reexamination documents, and notices of adverse action by OHA if they require any reasonable accommodation by including the following language: If you or anyone in your family are a person with disabilities, and you require a specific accommodation in order to fully use our programs and services, please contact the OHA 504/ADA Coordinator at (510) A specific name and phone number will be indicated as the contact for requests for accommodation for persons with disabilities. Oakland Housing Authority Page 2-4 ACOP 04/14/06

21 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common-use spaces. Since rules, policies practices and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]. Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for OHA, or result in a fundamental alteration in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider s operations. Types of Reasonable Accommodations When it is reasonable (see definition above and Section 2-II.E), OHA shall accommodate the needs of a person with disabilities. Examples include but are not limited to: Permitting applications and reexaminations to be completed by mail Conducting home visits Permitting a higher utility allowance for the unit if a person with disabilities requires the use of specialized equipment related to the disability Modifying or altering a unit or physical system if such a modification or alteration is necessary to provide equal access to a person with a disability Installing a ramp into a dwelling or building Installing grab bars in a bathroom Installing visual fire alarms for hearing impaired persons Allowing an OHA-approved live-in aide to reside in the unit if that person is determined to be essential to the care of a person with disabilities, is not obligated for the support of the person with disabilities, and would not otherwise be living in the unit. Providing a designated handicapped-accessible parking space Allowing an assistance animal Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with OHA staff Displaying posters and other housing information in locations throughout OHA's office in such a manner as to be easily readable from a wheelchair Oakland Housing Authority Page 2-5 ACOP 04/14/06

22 2-II.C. REQUEST FOR AN ACCOMMODATION If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that OHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]. OHA will encourage the family to make its request in writing using a reasonable accommodation request form. However, OHA will consider the accommodation any time the family indicates that an accommodation is needed whether or not a formal written request is submitted. The family must explain what type of accommodation is needed to provide the person with the disability full access to OHA s programs and services. If the need for the accommodation is not readily apparent or known to OHA, the family must explain the relationship between the requested accommodation and the disability. Oakland Housing Authority Page 2-6 ACOP 04/14/06

23 2-II.D. VERIFICATION OF DISABILITY The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances. Before providing an accommodation, OHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family s access to OHA s programs and services. If a person s disability is obvious or otherwise known to OHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required. If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to OHA, OHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation. When verifying a disability, OHA will follow the verification policies provided in Chapter 7. All information related to a person s disability will be treated in accordance with the confidentiality policies provided in Chapter 16 (Program Administration). In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability: Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual s disability may provide verification of a disability. OHA must request only information that is necessary to evaluate the disability-related need for the accommodation. OHA may not inquire about the nature or extent of any disability. Medical records will not be accepted or retained in the participant s file. Oakland Housing Authority Page 2-7 ACOP 04/14/06

24 2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION OHA must approve a request for an accommodation if the following three conditions are met. The request was made by or on behalf of a person with a disability. There is a disability-related need for the accommodation. The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on OHA, or fundamentally alter the nature of OHA s operations. Requests for accommodations must be assessed on a case-by-case basis. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of OHA at the time of the request, the benefits that the accommodation would provide to the family, and the availability of alternative accommodations that would effectively meet the family s disability-related needs. Before making a determination whether to approve the request, OHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that OHA may verify the need for the requested accommodation. After a request for an accommodation is presented, OHA will respond, in writing, within 15 business days. If OHA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice will inform the family of the right to appeal OHA s decision through an informal hearing (if applicable) or the grievance process (see Chapter 14). If OHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of OHA s operations), OHA will discuss with the family whether an alternative accommodation could effectively address the family s disability-related needs without a fundamental alteration to the public housing program and without imposing an undue financial and administrative burden. If OHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, OHA will notify the family, in writing, of its determination within 15 business days from the date of the most recent discussion or communication with the family. The notice will inform the family of the right to appeal OHA s decision through an informal hearing (if applicable) or the grievance process (see Chapter 14). Oakland Housing Authority Page 2-8 ACOP 04/14/06

25 2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS HUD regulations require OHA to take reasonable steps to ensure that persons with disabilities related to hearing and vision have reasonable access to OHA's programs and services [24 CFR 8.6]. At the initial point of contact with each applicant, OHA shall inform all applicants of alternative forms of communication that can be used other than printed language. To meet the needs of persons with hearing impairments, TTD (text telephone display) communication will be available. To meet the needs of persons with vision impairment, large-print and one-on-one assistance will be provided upon request. When visual aids are used in public meetings or presentations, or in meetings with OHA staff, one-on-one assistance will be provided upon request. Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third party representative (a friend, relative or advocate named by the applicant) to receive, interpret and explain housing materials and be present at all meetings. Oakland Housing Authority Page 2-9 ACOP 04/14/06

26 2-II.G. PHYSICAL ACCESSIBILITY OHA must comply with a variety of regulations pertaining to physical accessibility, including the following. PIH (HA), Accessibility Notice Section 504 of the Rehabilitation Act of 1973 The Americans with Disabilities Act of 1990 The Architectural Barriers Act of 1968 The Fair Housing Act of 1988 OHA s policies concerning physical accessibility must be readily available to applicants and resident families. They can be found in three key documents. This policy, the Admissions and Continued Occupancy Policy, describes the key policies that govern OHA s responsibilities with regard to physical accessibility. Notice PIH 2006Change or -03(HA) Accessibility Notice (which must be posted in the public housing offices in a conspicuous place) summarizes information about pertinent laws and implementing regulations related to non-discrimination and accessibility in federallyfunded housing programs. The OHA Plan provides information about self-evaluation, needs assessment, and transition plans. The design, construction, or alteration of OHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS). Newly-constructed facilities must be designed to be readily accessible to, and usable by, persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the public housing program. Oakland Housing Authority Page 2-10 ACOP 04/14/06

27 2-II.H. DENIAL OR TERMINATION OF ASSISTANCE OHA s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 966.7]. When applicants with disabilities are denied assistance, the notice of denial must inform them of their right to request an informal hearing and informal review [24 CFR (a)]. When a family s lease is terminated, the notice of termination must inform the family of their right to request a hearing in accordance with OHA s grievance process [24 CFR 966.4(l)(3)(ii)]. When reviewing reasonable accommodation requests, OHA must consider whether reasonable accommodation will allow the family to overcome the problem that led to OHA s decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, OHA must make the accommodation [24 CFR 966.7]. In addition, OHA must provide reasonable accommodation for persons with disabilities to participate in the hearing process [24 CFR (h)]. Oakland Housing Authority Page 2-11 ACOP 04/14/06

28 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) 2-III.A. OVERVIEW On December 19, 2003 HUD published guidance designed to assist housing authorities to comply with Title VI of the Civil Rights Act of 1964 (Title VI) and implementing regulations. Title VI, 42 U.S.C. 2000d et seq., was enacted as part of the landmark Civil Rights Act of It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. While most individuals living in the United States read, write, speak and understand English, there are many for whom English is not their primary language. If these individuals have a limited ability to read, write, speak or understand English, they are considered limited English proficient (LEP). Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information relevant to the public housing program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally-assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, published December 19, 2003 in the Federal Register. Recipients of federal financial assistance are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons and have an obligation to reduce language barriers that can preclude meaningful access by LEP persons to important government programs, services, and activities. LEP persons are defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this Admissions and Continued Occupancy Plan, LEP persons are all public housing applicants and tenants or their authorized representative (which could be their parents or other family members). The exception to this will be during times when any of the public housing wait lists are open or for outreach material that explain how to access the program. In these instances, LEP persons will include all potential applicants. In all cases, OHA will determine language services provided LEP populations based on data for the City of Oakland. In order to determine the level of access needed by LEP persons who speak a particular language, OHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the public housing program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people s lives; and (4) the resources available to OHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on OHA. Oakland Housing Authority Page 2-12 ACOP 10/1/06

29 2-III.B. LANGUAGE ASSISTANCE PLAN FOR NON- AND LIMITED ENGLISH SPEAKING APPLICANTS AND TENANTS (LEP PLAN) The LEP Plan to address the identified needs of the LEP populations served, or potentially served, by its programs. In compliance with federal guidelines, OHA shall make reasonable efforts to provide free language assistance for its LEP clients in its public housing program so as to ensure that these persons have meaningful access to OHA programs and activities. LEP POPULATIONS FOR WHICH OHA WILL PROVIDE LANGUAGE ASSISTANCE OHA will make all reasonable efforts to assist clients with limited English proficiency in their primary language. OHA will utilize a tiered array of mechanisms to provide interpretation and translation services for clients. OHA will utilize, outside interpretation and translation services as well as bilingual staff in this implementation. Specific methods that will be utilized are described below. Based on analysis of data from the 2000 Census, Oakland Unified School District data, the Authority s public housing wait list and the Authority s past use of Language Line Services, OHA will provide the widest array of translation and interpretation services to Chinese (Cantonese interpretation, standard character translation), Spanish, and Vietnamese clients. OHA will evaluate the need for translation assistance annually. LANGUAGE ASSISTANCE MEASURES Oral Interpretation Callers to the Authority s automated phone system will be presented with menu options in Cantonese, Spanish and Vietnamese. Answers to FAQs will be provided via the phone system (the same answers will be provided in English), as will instructions on how to receive further assistance with oral interpretation in the languages assisted by the Authority. The Authority will utilize I speak flash cards to identify the language spoken by walk-in LEP clients. Once identified, OHA will utilize the Language Line phone service to assist walk-in clients. The use of Language Line will enable the Authority to provide assistance to walk-in clients in over 150 languages. Where reasonable, oral interpretation is available for the following compulsory activities if requested by LEP clients prior to their appointment: (1) Intake and Interview Process (2) Application Review (3) Public Housing Orientation (4) Tenant Counseling Sessions (5) Informal and Grievance Hearings (6) Annual and Interim Re-examinations (7) Uniform Property Condition Standards Inspections Oakland Housing Authority Page 2-13 ACOP 10/1/06